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COOK v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 02-1656.

320 F.3d 11 (2003)

KATHLEEN COOK, Plaintiff, Appellee, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 5, 2003.

Attorney(s) appearing for the Case

William D. Pandolph, with whom Sulloway & Hollis, P.L.L.C. was on brief for appellant.

Glenn R. Milner, with whom Cook & Molan, P.A. was on brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Liberty Life Assurance Company ("Liberty") appeals from the district court's entry of summary judgment for Kathleen Cook, a former participant in one of its long-term disability insurance plans governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. (2002). Cook had been receiving disability benefits for more than three years when Liberty terminated her benefits on the ground that she no longer met...

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